Explore The NRA Universe Of Websites

Responding to NRA/CRPA “Emergency” Regulations for California’s Firearm Safety Certificate Program

Tuesday, March 31, 2015

Responding to NRA/CRPA “Emergency” Regulations for California’s Firearm Safety Certificate Program

On Monday, March 9, 2015, the Office of Administrative Law (“OAL”) approved a package of so-called “emergency” regulations for California’s new Firearm Safety Certificate (“FSC”) Program and safe-handling demonstrations. The “emergency” regulations, proposed by the California Department of Justice (“DOJ”), took effect immediately after being rubber stamped by OAL.  

The FSC Program, signed into law by Governor Jerry Brown on October 11, 2013, requires every individual wishing to take possession of a firearm in California to first take and pass a written test and to perform a safe-handling demonstration with the firearm to be acquired. While the NRA & CRPA support genuine efforts to encourage the safe use and handling of firearms, the launch of the FSC Program was grossly mismanaged, and it has been plagued with problems since it took effect on January 1, 2015. The Program’s many failures were the result of the DOJ’s refusal to meaningfully engage FFLs, certified FSC instructors, and gun owners in the creation of formal regulations for the administration of the Program. Instead, the Department unilaterally unveiled a host of generally applicable “rules” in violation of state law. These rules have already cost FFLs and certified FSC instructors untold sums and will cost them thousands of dollars each year, forcing many to simply stop administering the FSC Program altogether.

The California Rifle and Pistol Association, FFLGuard, and five individuals, supported by the National Rifle Association, filed Belemjian v. Harrisin the Superior Court of Fresno, challenging the DOJ’s actions as a violation of California’s Administrative Procedures Act (“APA”), asking the court to direct the DOJ to formally adopt regulations for the administration of the Program as the law requires. In response to the lawsuit, the DOJ submitted a package of proposed “emergency” regulations to the OAL in an effort preserve the same rules it had illegally adopted. The public was given only 5 days, as opposed to the 45-day minimum under normal rule-making procedures, to offer comments.

OAL received some 9,100 pages of public comment regarding the controversial “emergency” package despite the extremely shortened comment period. To view the letter submitted by the NRA, along with the CRPA and FFLGuard, click here.

Despite this outcry, OAL simply rubber stamped the “emergency” measures, disregarding the overwhelming opposition and allowing the DOJ to circumvent the requirements of the APA by resorting to the emergency process.

The “emergency” regulations will remain in effect for a minimum of six months, during which time the DOJ must either move to make those regulations permanent or begin the normal rule-making process to adopt a new set of regulations for the FSC Program. Either way, NRA and CRPA will continue to monitor the situation, litigate as necessary, and provide updates as they are available.

 

IN THIS ARTICLE
California firearm
TRENDING NOW
Louisiana: Senate Passes Constitutional Carry - Take Action Now!

Thursday, February 22, 2024

Louisiana: Senate Passes Constitutional Carry - Take Action Now!

Today, the Senate passed Senate Bill 1, NRA backed constitutional carry legislation, on a 28-10 vote. The bill will next be considered in the House. Please contact your state representative and ask them to SUPPORT Senate Bill 1.

Ontario Latest Province to Snub Trudeau’s Gun Grab – “Ontario Should Not Be Spending Taxpayers’ Money Towards the Program”

News  

Tuesday, February 20, 2024

Ontario Latest Province to Snub Trudeau’s Gun Grab – “Ontario Should Not Be Spending Taxpayers’ Money Towards the Program”

The wheels are coming off the mandatory “assault weapon” gun ban and confiscation scheme that Canadian Prime Minister Justin Trudeau launched four years ago.

Hawaii Justices “Declare War” on U.S. Supreme Court, to the Cheers of Anti-Gun Media

News  

Tuesday, February 20, 2024

Hawaii Justices “Declare War” on U.S. Supreme Court, to the Cheers of Anti-Gun Media

In Hawaii, a man who was peacefully carrying a pistol for his own self-protection while on a nature hike was arrested and subject to felony prosecution under state laws that generally confine the possession of ...

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

Wednesday, February 14, 2024

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

On Monday, House File 3570 was referred to the House Committee on Public Safety Finance and Policy and would ban so called “assault weapons” by expanding upon an existing statute used to define these firearms. The bill ...

Colorado: Semi-Auto Ban Introduced in General Assembly

Wednesday, February 14, 2024

Colorado: Semi-Auto Ban Introduced in General Assembly

Anti-Gun extremist State Reps. Tim Hernandez (D-04) and Elisabeth Epps (D-06) introduced House Bill 24-1292, a bill banning the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of so called “assault weapons”. 

South Carolina: Permitless Carry Passes the Senate, Waiting on Concurrence by the House

Tuesday, February 6, 2024

South Carolina: Permitless Carry Passes the Senate, Waiting on Concurrence by the House

Last week, South Carolina moved one step closer to becoming the 28th state to enact Permitless/Constitutional Carry! This effort has been years in the making, clearing a major hurdle by passing the Senate, which has been ...

Louisiana: House Committee to Hear Constitutional Carry Monday - Take Action Now!

Friday, February 23, 2024

Louisiana: House Committee to Hear Constitutional Carry Monday - Take Action Now!

Monday, February 26, at 10:00 AM, the House Administration of Criminal Justice Committee will hear Senate Bill 1, the NRA-backed constitutional carry legislation. SB 1 was passed by the Senate earlier this week with overwhelming support. Please contact committee members ...

Virginia: Mandatory Waiting Period and Other Anti-Gun Bills Headed to the Governor's Desk

Friday, February 23, 2024

Virginia: Mandatory Waiting Period and Other Anti-Gun Bills Headed to the Governor's Desk

Contact Governor Youngkin today and urge his veto!  Anti-gun extremists in the Virginia General Assembly have made diminishing your Second Amendment Rights a top priority this legislative session. This week a slew of gun control ...

New Hampshire: House Advances Critical Gun Owner Privacy Legislation

Friday, February 23, 2024

New Hampshire: House Advances Critical Gun Owner Privacy Legislation

On Thursday, February 22nd, the New Hampshire House of Representatives held floor votes on gun related bills.

Colorado: Legislation Requiring the Use of Firearm/Ammunition Merchant Category Codes Passes State Senate

Wednesday, February 21, 2024

Colorado: Legislation Requiring the Use of Firearm/Ammunition Merchant Category Codes Passes State Senate

SB24-066 legislation requiring the use of merchant category codes by payment processors to identify firearm, firearm accessories, and ammunition purchases passes the State Senate. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.